The Portland daily press., 1887-06-21
The Future Of the Andover case.

The Boston Record says two simultaneous
and parallel appeals will be taken TO the
Supreme Court from the decision Of the An
dover visitors. The trustees will appeal
against what they regard as the usurpati0n
by the visitors Of functions properly belong
ing to the trustees. Professor Smyth win
appeal on the ground that in numerous re-
spects the proceedings have been illegal and
unjust. A great number Of exceptions were
taken by the lawyers on the trial. but the
grayest points raised before the court will
probably be in regard TO facts that have
come to light since then. One Of these win
be the partisanship Of member Of the
board Of visitors. exhibited In various,
sometimes In shameless ways. The circum-
stance that the enemies of Professor Smyth
openly boasted Immediately after the cleo
tion OF certain visitor that he was on their
side, taken in connection with the means
used to secure his election, win very likely
come under the notice Of the court Whether
or not a certain visitor Is qualified and cana
bic In the eye Of the law 10 discharge the
duties OF the great trust committed to him Is
question which the court may be called
upon TO answer.
Very grave doubt exists whether the de-
clsion, supDosing 1t to have been rendered
by men all Of whom are qualified for their
places and holding their places In other re-
spects Iightfully, Is, after all, legal decis-
Ion. IL Is thought TO be seif-cOntradietOry
and Invalid through its absurdity. The stat
utes under which the visitors act do not give
them any such discretion as would permit
the condemning of one professor and the
aequittal OF another on the same charges
sustained by the same evidence. There were
1ve separate indictments, and must have
been five separate votes. Prof. Smyth's case
was first on the list. The vote was that the
evidence proved him guilty. But four subse-
quent votes on the four following cases de-
clared that the same evidence was not suffice
lent to sustain the same charges. This was,
In reality, reversal Of the first decision. 1t
viii be claimed with confidence that theft nal
action OF the visitors having been to the eff
feet that the charges were not sustained.
that action must be held to apply to all the
professors involved.
The five professors authorize the statement
that not one Of them will accept an acquittal
which IS not an acquittal Of all the Others
They will stay OF 20 together. And ali the
professors who have not been accused are
now, as they have been from the first. In the
most complete accord with their brethren on
The question Of the latter remaining and con-
tinulng to teach the truth as God gives them
to see It. The most perfect harmony pre-
walls among the entire corps Of instructors.
Indeed, some OF the most effective and ener-
getlc work Tor the purpose Of Overturning
the work Of the visitors Is being done BY
those professors who were not put on trial.
As Tor next year Everything will 20 on
the same as usual. Professor Smyth will re-
main and do his accustomed work. Rev.
Frank woodruff, whose election 10 the chair
OF Greek literature the visitors negatiyed.
Will continue as before. Men who know
what they are talking about, and mean all
they say, have announced this irrevOcable
decision; Egbert G. Smyth, ID. d., Is going
cal Seminary.